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(영문) 광주지방법원 2017.12.20 2017노3745
사기
Text

The defendant's appeal is dismissed.

The defendant shall obtain money from the applicant F to the applicant F, 225,963,00 won, and shall apply for compensation.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the judgment of the defendant is divided into his mistake, that the defendant does not have any previous conviction, and that part of the crime of this case is in the relation of fraud for which the judgment has become final and conclusive and concurrent crimes after Article 37 of the Criminal Act, and that the equity in the case of concurrent crimes should be considered at the same time under Article 39(1) of the Criminal Act.

However, it is not very good that the crime of this case is committed, part of the crime of this case was committed during the period of suspension of execution for the same kind of crime, the period of the crime is long, the amount of the crime is large, and no damage recovery or agreement has been reached up to the judgment of the court (it seems that a written agreement with the victim C has been submitted, but substantial damage recovery has not been made in light of the result of the investigation of the crime of this case). Other factors of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the motive, means and consequence of the crime, etc., are considered, and the court below's punishment is too unreasonable. Thus, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since all of the applicants' applications for compensation are well-grounded, Article 25 (1), Article 31 (1) and Article 25 (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall order the applicant F to pay 25,963,000 won by fraud to the applicant F, and 70,050,000 won by fraud to the applicant H, respectively, under Article 25 (1) and (2) of the Regulations on Special Cases concerning the Promotion, etc. of Legal Proceedings. (Provided, That the judgment of the court below is correct because it is evident that "the date of February 17, 2017" of the 3th 4th th 200 of the judgment below is a clerical error of "the date of May 12, 2015."

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